RedactedW9126008D00021202J A.pdf

FOR OFFICIAL USE ONLY Control No. 2014-02

EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

Program/Service/Equipment: Command, Control, Communications, Computers, Intelligence, Surveillance and Reconnaissance C4ISR Operational Management, Engineering and Technical Services II (COMETS II) - W91260-08-D-0002 LinQuest, Task Order 1202.

Authority: Title 10 U.S.C. 2304c(b)(3) and FAR 16.505(b)(2)(i)(C) Amount:

Logical Follow-on Exception to Fair Opportunity

Prepared by:

PCO:

Technical/Requirements:

Reviews: I have reviewed this J&A and find the justification adequate to support a logical follow-on exception to fair opportunity.

OSBP:

Legal Counsel:

ACC-RSA-CCAM-CAC Director Directorate C:

EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

FOR

COMMAND, CONTROL, COMMUNICATIONS, COMPUTERS, INTELLIGENCE, AND

RECONNAISSANCE C4ISR OPERATIONAL MANAGEMENT, ENGINEERING AND

TECHNICAL SERVICES II (COMETS II)

TASK ORDER 1202

1. Contracting Activity:

Department of the Army, Army Contracting Command – Redstone, ACC-RSA- CCAM-CAC, Peterson AFB, CO, 80914-4914.

2. Description of Action:

Approval is requested to execute a modification for a three-month extension to Task Order W91260-08-D-0002-1202 in accordance with FAR 52.217-8, Option to Extend Services. The current ceiling on the Task Order is , which includes the Base Period and a one-year Option Period. The current Task Order was awarded on a competitive basis to a small business, LinQuest Corporation (LinQuest), under the COMETS II multiple award, indefinite delivery/indefinite quantity (IDIQ) contract. This is a two-year Task Order with a one-year Base Period and a one-year Option Period. The current period of performance, under Option Period One, for this Task Order expires on 30 November 2013.

This extension of services will be Cost-Plus-Fixed-Fee utilizing incremental funding in the amount of of FY14 Operations and Maintenance (O&M) to start the three month extension period, then the remaining funds will be provided in December to fully fund the extension. In accordance with the Continuing Resolution Authority (CRA) for FY14 enacted on October 17, 2013, as well as applicable CRA guidance, contractor performance under this action that is funded under the FY14 CR shall be at no more than last year's level, subject to availability of funds.

3. Description of Supplies/Services:

The primary purpose of Task Order 1202 is to provide advisory and assistance services in support of the Wideband Satellite Communications (SATCOM) Division, known as “SMC/MCW”. MCW is responsible for the effective planning, acquisition, management and administration of Wideband communications satellites and the equipment that supports them in support of global military operations. MCW supports both the Wideband Global SATCOM (WGS) satellite system as well as the Defense Satellite Communications System (DSCS) constellation. WGS and DSCS may be referred to as the WGS program and DSCS program throughout this document. The contractor shall provide Systems Integration support relative to the technical baselines and interfaces between the WGS program and WGS-related aspects of the activities including, but not limited to: DSCS program, Command and Control System -Consolidated (CCS-C) program, National Security Association NSA cryptographic and key products development programs, legacy Air Force cryptographic programs, Lincoln Labs activities and programs, Evolved Expendable Launch Vehicle (EELV) and Launch Base Activation, Air Force Terminals, Army Terminals, and Navy Terminals.

The requirements for this extension remain unchanged from the original Task Order award.

Exercising the extension of services option clause stated above will provide continued mission critical support to Space and Missile Systems Center (SMC) Acquisition Support (SAS) for the Wideband Satellite Communications Division (SMC/MCW). If the current requirement is not extended for the three-month period, the mission will be severely affected. Due to the budget uncertainties, SMC/MCW could not provide funds in time to compete their Follow-on Services. The customer, Captain Brian Curd, provided an assurance of funds in the Statement of Need Memorandum for Record (MFR) provided on 19 November 2013. Extending the Task Order for three months provides continuation of mission critical services.

During this time, the acquisition team will prepare the appropriate documents to put into place a follow-on Task Order under COMETS II for one year at which time the services will be transferred to another contract within their organization. The Period of Performance for the extension will be 1 December 2013 through 27 February 2014 with an estimated dollar value of , and total hours of . This total includes in Travel and in ODC, with the total of for Labor.

4. Authority Cited:

The authority permitting a modification on other than a fair opportunity basis for this acquisition is 10.U.S.C. 2304c (b)(3) as implemented by Federal Acquisition Regulation 16.505(b)(2)(i)(C), Logical Follow-on Exception to Fair Opportunity and FAR 52.217-8, “Extension of Services”.

Although FAR Clause 52.217-8 was included in the COMETS II basic contract, the value of the option was not included in the cost evaluation conducted at contract award. In a Government Accountability Office ruling, dated 14 September 2009, if the value of the option was not included in the original cost evaluation, a J&A is required before the option can be exercised.

5. Reason for Authority Cited:

The services from LinQuest Corporation, 6701 Center Dr W, Suite 425 Los Angeles, CA 90045, Cage Code: 3MZU6 are necessary in support of SMC/MCW. At the time of Task Order award, the customer, SMC/MCW, intended to conduct services provided by this contract via contractors on COMETS II and successor contracts, and awarded work for a one-year Base Period with and a one-year Option Period on Task Order 1202. Due to uncertainties that are creating budgetary challenges for the Department of Defense as a whole, and the sequestration, the Government cannot compete a follow-on Task Order in time to avoid a break in service.

Pursuant to FAR 16.505(b)(2)(i)(C), this modification (to exercise the FAR 52.217-8 Option to Extend Services clause) will be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to Task Order 1202 already issued under the COMETS II contract. All three potential awardees, FCI, LinQuest and Summit Technical Solutions (STS), were given a fair opportunity to be considered for the original order, when Task Order 1202 was competed under the COMETS II Contract in September of 2011. LinQuest is currently performing under this Task Order. The time required to re-compete this requirement and bring another contractor on board would cause unacceptable delays and have severe negative effect on the missions of SMC/MCW. Further, taking no action and thereby creating a gap in service, would negatively impact SMC/MCW’s ability to accomplish their missions. Thus, it is in the interest of economy and efficiency that LinQuest be allowed to continue this effort.

Failure to extend this Task Order will impact SMC/MCW’s ability to provide advisory and assistance services in support of the Space and Missile Systems Center (SMC) Acquisition Support (SAS) for the Wideband Satellite Communications Division (SMC/MCW). It would be neither cost effective nor realistic to expect another contractor to perform during this brief interim period; professional service employees with the needed skill sets to accomplish these requirements are rare and unlikely to accept work for such an uncertain period guaranteed not to exceed three months.

Therefore, an extension to the current COMETS II Task Order 1202 is the only reasonable approach to retaining the needed skills.

6. Efforts to Obtain Competition:

In accordance with FAR 5.202(a)(6), orders under FAR 16.5 are not required to be synopsized. Competition was pursued under the original Task Order Request for Task Order Proposal (RFTOP) under the COMETS II program. For the reasons discussed above, only one vendor is capable of providing support for the SMC/MCW in such a short notice. The three-month extension will prevent any unacceptable delays or disruptions in support. Under the previous acquisition, potential competitors were given fair opportunity to be considered for the original Task Order under the Army’s COMETS II multiple-award ID/IQ contract.

7. Actions to Increase Competition:

The SMC/MCW support requirement was originally competed and awarded to LinQuest as outlined below. In order to successfully provide the current level of support, potential competitors would have to acquire, duplicate, or subcontract a significant portion of the requirement in an effort to develop a working knowledge of the requirement. Current competition is being coordinated through their contracting office.

8. Market Research:

The market research for this requirement was performed in accordance with FAR Part 10. Market research was conducted during the COMETS II acquisition in 2008 at the contract level. The determination was made that COMETS II was non-commercial and did not utilize FAR Part 12. All Task Orders, including Task Order 1203, are non-commercial. Personal knowledge of the market place shows this type of work is still considered non-commercial. Market research was not performed specifically for this proposed period of performance extension. The Government will receive the same services under the current Task Order. Mr. Dave McAdam who is a knowledgeable person in the Government regarding the technical nature of the required services, review of market research conducted in July of 2008 when COMETS II was being competed, and the J&A will be posted in ASFI within 14 days after the issuance of the modification.

9. Interested Sources:

In accordance with FAR 6.305(a), a redacted J&A will be posted on the Federal Business Opportunities website within 14 days of execution of the resultant contract modifications. Any bids or proposals received shall be considered.

10. Other Facts:

Procurement History: The following represents the procurement history of the Space and Missile Systems Center (SMC) Acquisition Support (SAS) for the Wideband Satellite Communications Division (SMC/MCW). Task Order 9011 was originally competed among all three COMETSII Prime Contractors in November of 2008. The Task Order included a one year Base Period and two one year Option Periods with a total estimated value of . Task Order 9011 was competed among all three COMETS II Prime Contractors, and all three Proposed.

The Government awarded the Task Order to LinQuest as the Best Value. Task Order 9011 ended 30 November 2011, and Task Order 1202 was the follow-on Task Order that was also competed and awarded to LinQuest.

Competitive Status of This Action: In 2008, C4ISR Operational Management, Engineering and Technical Services II (COMETS II) was competed and awarded in September 2008. Three contracts were awarded under this IDIQ, CPFF acquisition.

The Task Order had a one year Base Period with a One-year Option Period. Army Contracting Command Redstone (ACC-RSA) issued a Request for Task Order Proposal (RFTOP) on 2 September 2011 for Task Order 1202 under COMETS II.

The RFTOP was released to all three COMETS II Contractors (FCI, LinQuest and Summit Technical Services) with suspense for proposals on 12 October 2011 and only LinQuest submitted a proposal. In November 2011, ACC- RSA-CCAM-CAC awarded a one-year Base Period and a one-year Task Order Option Period to LinQuest under Task Order number W91260-08-D-0002-1202.

The original estimated value of Task Order 1202 is , including Base Period and Option Period. The estimated cost for the three month extension is

Prior Sources not Solicited: Additional competition beyond the COMETS II IDIQ arrangement is not currently being sought due to COMET II ending, funding reductions, and imminent discontinuation of this work. The work will be transition to a new contract outside of SMDC.

Authority Previously Used for Less than Full and Open Competition: COMETS II was originally competed in 2008. No previous Authority was required for Less than Full and Open Competition for TO 1202. This is the first and final request since COMETS II is restricted to the five-year statutory limitation on Assistance and Advisory Services (A&AS) and FAR 16.505(c)(3) allows the Contracting Officer to extend the contract on a sole-source basis only once for a period not exceed three months.

Unusual Patterns: There are no identifiable unusual patterns to Task Order 1202 under the COMETS II contract. There has been no prior J&A request for Task Order 1202 under COMETS II.

Acquisition Data Availability: The extension will be provided to LinQuest by Modification number 11 to Task Order 1202. Performance Work Statement Revision 6 will be incorporated under separate cover to the modification. The Performance Work Statement does not change the scope of the Task Order; it will only add the extension from 1 December 2013 through 27 February 2014.

Subcontracting Competition: LinQuest is currently subcontracting part of the requirement under Task Order 1202 to Scitor. It is anticipated that the extension will include the same subcontracting opportunities as it did in Option Period. LinQuest is a small business which requires no subcontracting plan. However, all applicable FAR and DFARS subcontracting clauses, to include FAR 52.244-5, Competition in Subcontracting, are included in the basic contract.

11. Technical/Requirements Certification:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

12. Fair and Reasonable Cost Determination:

“I hereby determine that the anticipated cost or price for all resultant Task Order actions is fair and reasonable.” This determination is based on the use of cost and/or price analysis performed on the initial Task Order award. In accordance with FAR 52.217-8, Option to Extend Services the government may require continued performance of any services within the limits and at the rates specified in the contract. Certified cost or pricing data will not be obtained and relied upon to the individual Task Order action, in accordance with FAR 15.403-1(b)(1). The prices agreed upon were based on adequate competition at the award of Task Order 1202.

13. Contracting Officer Certification:

I, the Contracting Officer, by affixing my signature below, hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature:

APPROVAL

Based on the foregoing justification, I hereby approve the acquisition of an extension of services under Task Order W91260-08-D-0002-1202 for procurement of services in support of Communications USSTRATCOM and Services for a three (3) month period, in the amount of for the period of 1 December 2013 through 27 February 2014. This approval is issued on an other than full and open competition basis pursuant to the authority of FAR 52.217-8 and 10 U.S.C. 2304c(b)(3) as implemented by FAR 16.505(b)(2)(i)(C), subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition. The extension is granted to LinQuest Corporation 6701 Center Dr W, Suite 425 Los Angeles, CA 90045, with the total Labor Hours of .

Signature:

E-Signed by MCCLURE.JESSICA.C.1276242020